The Self-Executing Contract Between Form and Content: A Juristic Characterization of Smart Contracts and Its Effects on Contract, Option, and Liability

Authors

  • Abderrahmane Belaggoune

Keywords:

Smart contracts; Juristic characterization; Delimiting the locus of dispute; Blockchain; Contemporary financial transactions.

Abstract

This study examines the jurisprudential (fiqh)characterization of smart contracts as acontemporaryfinancial-transaction
(nāzilah),addressingtheproblemissueofdetermining their juristic nature: are they acontract, a binding promise, or an agency(wakālah)? And is it sound to assign them asingle comprehensive characterization? Thestudy employs the inductive, analytical, andcomparative methods.

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Published

2026-07-07

How to Cite

Abderrahmane Belaggoune. (2026). The Self-Executing Contract Between Form and Content: A Juristic Characterization of Smart Contracts and Its Effects on Contract, Option, and Liability . Pegem Journal of Education and Instruction, 16(2), 1240–1253. Retrieved from https://pegegog.net/index.php/pegegog/article/view/5262

Issue

Vol. 16 No. 2 (2026): PEGEGOG

Section

Article

License

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